How Appealing



Tuesday, January 9, 2024

“Federal appeals court says Iowa’s ‘ag-gag’ laws don’t violate free speech; Trespassing ‘harms the privacy and property interests of property owners,’ and trespassers ‘exacerbate that harm when they use a camera while committing their crime,’ the court ruled”: Rox Laird of Courthouse News Service has this report on two decisions (access here and here) that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.

Posted at 3:50 PM by Howard Bashman



“Nazi-Stolen Art Can Stay in Spain After Supreme Court Remand; Ownership of stolen work turns on technical choice of law issue; Ninth Circuit again sides with Spain following SCOTUS ruling”: Kimberly Strawbridge Robinson of Bloomberg Law has this report (subscription required for full access).

Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision on remand from the U.S. Supreme Court‘s ruling in Cassirer v. Thyssen-Bornemisza Collection Found.

Posted at 3:44 PM by Howard Bashman



“Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman”: Josh Blackman has this post at “The Volokh Conspiracy.”

You can access the amicus brief at this link.

Posted at 3:36 PM by Howard Bashman



“Biden Gets New Fourth Circuit Vacancy as Wynn Plans to Retire; James Wynn plans to take senior status; Biden could appoint four judges on the 14-member court”: Tiana Headley of Bloomberg Law has this report.

Posted at 3:28 PM by Howard Bashman



“Law protecting women seeking emergency abortions is target in US supreme court case; Emergency Medical Treatment and Labor Act is at the heart of the court’s latest blockbuster abortion case, which comes out of Idaho”: Carter Sherman of The Guardian has this report.

Posted at 3:15 PM by Howard Bashman



“An RBG Book for Kids — and Lawyers, Too: With his knowledge of the law, famed author Brad Meltzer’s book for children, published today, has a lot to tell kids about Justice Ruth Bader Ginsburg.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”

Posted at 3:00 PM by Howard Bashman



Monday, January 8, 2024

“Texas Supreme Court Candidate Seeks Removal of Opponent Justice John Devine from Primary Ballot; Attorney Eric Opiela filed a lawsuit to remove Devine from the GOP primary ballot on Walker’s behalf, alleging that Devine failed to secure enough valid petition signatures”: Matt Stringer of The Texas has this report.

Posted at 8:03 PM by Howard Bashman



“Supreme Court Appears Split Over Notice Requirements for Immigration Court; Although the legal question was narrow, the argument reflected broader debates about the immigration system”: Abbie VanSickle of The New York Times has this report.

Posted at 7:56 PM by Howard Bashman



“5 ways the Supreme Court may try to defuse its newest Trump bomb; As the justices confront a historic case with enormous political stakes, they might seek a narrow way out”: Josh Gerstein of Politico has this report.

Posted at 7:44 PM by Howard Bashman



“Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment.” Samuel Issacharoff has this blog post at “Just Security.”

Posted at 2:44 PM by Howard Bashman



“Tanya Chutkan, the judge overseeing Trump’s federal election interference case, appears to be victim of ‘swatting’; Police and fire trucks responded to reports of a shooting at Chutkan’s home, but police determined no shooting had taken place”: Rebecca Shabad, Daniel Barnes, and Michael Kosnar of NBC News have this report.

Posted at 2:42 PM by Howard Bashman



“U.S. Supreme Court Declines Bid to Rename ‘Brown v. Board of Education’”: Mark Walsh of Education Week has this report.

Posted at 2:37 PM by Howard Bashman



“Big Supreme Court Term Now Historic With Trump, Abortion Cases”: Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law have this report.

Posted at 1:04 PM by Howard Bashman



“Trump suggests that, if re-elected, he would have Biden indicted; Trump has argued that former presidents are entitled to absolute immunity from criminal prosecution for any “official acts” conducted during their presidency”: Summer Concepcion of NBC News has this report.

Posted at 12:56 PM by Howard Bashman



“What to know as appeals court hears Trump’s immunity claim in election interference case; An appeals court will hear arguments Tuesday over whether Donald Trump is immune from prosecution for his role leading up to Jan. 6 because he was president at the time”: Lawrence Hurley and Daniel Barnes of NBC News have this report.

Posted at 9:30 AM by Howard Bashman



“61. The October 2023 Term, One Quarter In . . . Friday’s cert. grants in the Trump disqualification and Idaho EMTALA cases round out the docket for what could end up as one of the most momentous terms in the Court’s history.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:27 AM by Howard Bashman



“Trump’s Eligibility, Cash for Clarence, and a Meditation for 2024”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 9:25 AM by Howard Bashman



“Did an Abortion Ban Cost a Young Texas Woman Her Life? As many conservatives hail the fall of Roe for saving unborn lives, high-risk pregnancy becomes even more perilous.” Stephania Taladrid has this Letter from Texas article in the January 15, 2024 issue of The New Yorker.

Posted at 9:24 AM by Howard Bashman



Sunday, January 7, 2024

“The Supreme Court’s Road to El Dorado; In a major Fifth Amendment case, the Justices consider whether governments can use building permits to extort property owners”: This editorial appeared in Saturday’s edition of The Wall Street Journal.

Posted at 8:30 PM by Howard Bashman



“Trump’s Supreme Court Blunderbuss: The Supreme Court will decide whether the Colorado court was right to bar the former president from the ballot.” George T. Conway III has this essay online at The Atlantic.

Posted at 8:22 PM by Howard Bashman



“The Supreme Court to the Ballot Rescue; Trying to ban opposition-party candidates from the ballot will spreads unless the Justices stop it”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:16 PM by Howard Bashman



“Judicial Notice (01.06.24): In SCOTUS We Trust? A seasoned Supreme Court advocate joins Team Trump, a Biglaw firm gets sued for copying a boutique’s brief, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 5:07 PM by Howard Bashman



Saturday, January 6, 2024

“Supreme Court to Decide Whether Trump Is Eligible for Colorado Ballot; The Colorado Supreme Court ruled last month that the former president could not appear on the state’s Republican primary ballot because he had engaged in insurrection”: Adam Liptak has this front page article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Ann E. Marimow and Patrick Marley have a front page article headlined “Supreme Court says it will decide if Trump qualifies for Colorado ballot.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court agrees to rule soon on whether Trump is barred from running for president.”

In today’s edition of The Wall Street Journal, Jan Wolfe and Jess Bravin have a front page article headlined “Supreme Court Agrees to Hear Trump Appeal of Colorado Ballot Ban; Justices set expedited arguments for Feb. 8.”

John Fritze of USA Today reports that “Supreme Court agrees to hear Trump appeal over Colorado ballot dispute.”

And Stephen Dinan of The Washington Times reports that “Supreme Court will hear Trump’s appeal after Colorado kicked him off the ballot.”

Posted at 8:30 PM by Howard Bashman



“The Supreme Court’s Election Dilemma; State decisions to bar Donald Trump from the ballot will force the justices to weigh strict originalism against the prospect of political chaos”: Jeffrey Rosen has this installment of The Saturday Essay in today’s edition of The Wall Street Journal.

Posted at 8:15 PM by Howard Bashman



Friday, January 5, 2024

“Fishermen go to Supreme Court saying they may lose family business over federal regulation; Case challenges 1984 Chevron ruling that requires judges to defer to federal agencies”: Alex Swoyer and Stephen Dinan of The Washington Times have this report.

Posted at 9:17 PM by Howard Bashman